Preparing Evidence and Testimony for Immigration Court

People go to immigration court for many reasons. You might go to immigration court because:

• You are in removal proceedings for any reason.
   
• You applied for asylum.
   
• You applied for voluntary departure.
   

When you go to court, you must tell the judge your story. You might need to tell the judge why:

• They should let you stay in the United States.
   
• It is unsafe for you to return to your home country.
   
• You qualify for asylum or other type of relief.
   

Evidence is documents, photos, and other things that help you prove that your story is true.

You must give the court any documents the judge asks for. You should also send any documents that support your case or application. This evidence will help your case. You must mail evidence to the court 15 days before your immigration hearing. Go to the “How to Send Your Evidence to the Court” part of this fact sheet for instructions on where to send your evidence.

Every case is different. Gather any evidence that proves that the story you tell in your case or application is true. Send the court any documents that support your case or application. See below for examples of evidence that can make your case stronger.

Things a Judge Might Ask You to Prove and Examples of Evidence to Send to the Court

You have good moral character. 

This means you help your family and community. It also means you follow the law.

Gather documents that show you:

• Volunteer in your community. This could be a letter from a church, synagogue, mosque, or non-profit organization.
   
• Don’t have certain criminal convictions. This could be police clearance letters from each city where you have lived. It could be a name search for criminal court records for each state where you have lived. It could also be an FBI background check.
   
• Support your children. This could be letters from your children’s teachers. It could be proof that your children live with you. It could also be proof you are paying any required child support or sending money if your children do not live with you.
   
• Pay taxes. This could be copies of past federal and state tax returns.
   
• Are in recovery from alcohol or drug use disorders. This could be a letter from a doctor or treatment program.
   
• Are recommended by people in your community. These could be letters from people in your community that say how they know you and why you are a good person. Friends, family members, and neighbors can write these letters.
   

You have physically lived in the United States for several years.

Gather documents that prove you lived in the U.S. such as:

• Lease agreements with your name and the dates you lived there.
   
• Federal and state tax returns from every year you paid taxes.
   
• Employment records that show the company you worked for and the dates you worked for them.
   
• Mail that was delivered to you in the United States. The mail must have the date on it and the address where it was mailed.
   
• Education records that show you attended school in the United States. It must have your name on it. It must also have the dates you went to school.
   
• Medical records that show the date and location you went to the doctor.
   

It would cause extreme hardship to a family member if you were deported. 

This means you have a child or a sick family member who has no one else to care for them.

Gather documents that show:

• You are the caretaker for a family member with a severe illness. These could be medical records. It could also be a letter from a doctor or social worker.
   
• You are the primary caregiver or financial provider for a child with U.S. citizenship or a green card. This could be your child’s birth certificate and proof of immigration status. It could also be a custody order or guardianship order. It could be a letter from a teacher, doctor, or other professional.
   
• Why the whole family can’t be deported. This could be a document that shows a medication isn’t available in your home country. It could also be the birth certificate of a U.S. born child that you are the primary caregiver for.
   

It is dangerous for you to return to your home country. 

This means that you could be tortured or killed if you were sent home.

Gather documents that show:

• Evidence of conditions in your country. This could be reports from government and non-profit organizations or news articles explaining the conditions in your country.
   
• Evidence of past harm you have suffered in your country.  This could be police reports or medical records. It could also be copies of threats you have received or letters from family and friends.
   
• Evidence of harm suffered by people similar to you in your country. This could be news articles or reports by non-governmental organizations (NGOS). It could also be letters from experts or professionals.
   

You have sought treatment after criminal charges. 

If you were charged with or convicted of a crime, send proof of steps you have taken to recover and follow the law.

Gather documents that prove you’ve taken steps to follow the law such as:

• Medical records that show you got treatment for a mental health issue or substance use.
   
• Receipts that show you paid all your fines.
   
• Copy of a court record from your case that shows you are off probation.

Any evidence you send to the court must meet the following requirements:

The evidence must be relevant to what your court hearing is about.

If you filed an application for relief from deportation, you might have specific evidence you have to send. You might also have specific things you have to prove to win your case. The evidence you send should show you can prove these things about your case.

The evidence must be in English or translated into English.

If the original document is not in English, someone must translate it. You do not need to use a professional interpreter or translator. A bilingual family member, friend, or acquaintance can do it. They must complete a translator form. Get a blank translator form.

The evidence must come from “respected sources.”

Examples of good sources:

• U.S. State Department
• Governments of other countries
• Non-governmental organizations (like human rights orgs, Human Rights Watch, the United Nations, Amnesty International)
• Police reports
• Medical records
• Employment records.
   

Examples of bad sources:

• Wikipedia

You must mail your evidence to the court and the government lawyer before your hearing.

• If you are NOT in ICE custody or detained: You must submit all evidence for your case 15 days before your court hearing.
   
• If you ARE in ICE custody or detained: The court will set a deadline for you to send evidence.

Make sure they are all in English. Translate any documents that are in other languages. The person who translates a document must fill out a translator form.

Get a blank copy of the cover packet at: LawHelpMN.org There are samples in this fact sheet to help you fill out this packet.

Make a copy of your application. Keep the original documents for your records.

Find the name and address of the court:

• By Phone. Call the EOIR hotline at 1-800-898-7180.
• Online. Go to acis.eoir.justice.gov.

This is also called “serving the government lawyer.” This address is different from the court’s address. To find the OPLA office assigned to your court, call the court that has your case. Tell them you want to send evidence for your case. Ask for the name and address of the OPLA office assigned to your court.

Get a blank Cover Packet for Sending Evidence to Court. The instructions and sample can help you fill out your cover packet.

Testimony is when you answer questions in court. The questions could be asked by the judge, your lawyer, or the government’s lawyer during your hearing. You are “under oath” when you give testimony. This means it is a crime to lie. Giving testimony is also called testifying.

Yes, if you are the “respondent” at the hearing. You might be asked about:

• Any of the evidence you sent to the court.
   
• Anything you put on an application form you sent to the court.
   
• Anything else about your immigration or criminal history.

Yes. Bring anyone to court who can help you prove your story is true. They can testify as a witness. For example:

• Your doctor might speak to a health condition or mental health diagnosis.
   
• Family members might speak to the hardship that your deportation would cause them.
   

Witnesses can also submit an affidavit if they can’t make it to court. An affidavit is a formal letter someone writes to share what they know with the court. They have to sign the letter in front of another person called a notary to make it official.

Tell the truth.
It is a crime to lie under oath in court.

Give short answers.
It is important to tell your story. But you should only share information that is relevant to your case.

Be consistent.
What you say to the judge must be the same information that is in the evidence you gave to the court. Being consistent is very important. A judge may rule against you if they do not find you credible.

Ask for an interpreter if you are not comfortable using English.
During your hearing, you have the right to communicate in the language you are most comfortable using. The court must provide you with an interpreter. Bring someone you trust who speaks English to the hearing to help you ask for an interpreter. Ask to reschedule your hearing if an interpreter is not there. Don’t let anyone pressure you to continue the hearing in English. If you are using an interpreter, pause to allow for interpretation.

Ask the judge or lawyer to repeat a question if you do not understand it.
Don’t answer any question you don’t understand.

1. Practice what you want to say. Practice with a lawyer if possible.
It is normal to feel uncomfortable during a hearing. The government lawyer will ask you a lot of questions and try to find holes in your story. Practice what you want to say. It can help you feel less nervous.

2. Review the evidence you sent. Review your affidavit if you sent one to the court.
It is important that the story you tell the judge in court is the same story in the information you sent as evidence. Review the documents you sent to the court before your hearing. It can help you be consistent in your testimony.

3. Review the “Basics of Immigration Court” fact sheet before your hearing.
LawHelpMN has a fact sheet that tells you what you can expect to happen during your immigration court hearing. Review this fact sheet to help you prepare for your hearing: What to Expect the First Time You Go to Immigration Court in Minnesota